On September 02, 2021 a
Party Notice
was filed
involving a dispute between
Aig Property Casualty Company
A S O Mitchell Kaufman And Christina Kaufman,
and
Breville Usa Inc.,
for Torts - Other (Property Damage/Negligenc)
in the District Court of Westchester County.
Preview
FILED: WESTCHESTER COUNTY CLERK 12/30/2021 04:54 PM INDEX NO. 62132/2021
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/30/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
JUDGE PC PART, _, PC PART
Index No. 62132/2021
AIG PROPERTY CASUALTY COMPANY
- v. -
BREVILLE USA INC.
COURT NOTICE
Filing on Behalf of - PC PART
UPDATED 4/6/21: PLEASE REVIEW NEW PROCEDURES
PRELIMINARY CONFERENCE NOTICE
Please note: In-person appearances in the Preliminary Conference Part are currently
suspended at this time due to the COVID-19 health emergency. The Preliminary
Conference Part is operating virtually via Microsoft Teams. Court attorney-referees are
available to assist in discovery/preliminary disputes remotely at a very limited capacity
pursuant to the Virtual Courtroom Protocol established in the Ninth Judicial District.
* Due to the COVID-19 health emergency, in order to AVOID A VIRTUAL CONFERENCE,
parties are strongly encouraged to agree upon a discovery schedule and submit a
Preliminary Conference Stipulation form executed by all parties available at
http://ww2.nycourts.gov/courts/9jd/diffCaseMgmt.shtml by uploading same as a
Preliminary Conference Order (Proposed) in the NYSCEF system.*
You are receiving this notice because you filed an RJI or Request for a Preliminary
Conference. Please see the below instructions for submitting a Preliminary Conference
Stipulation to be so-ordered in lieu of a Preliminary Conference.
YOUR CONTROL DATE FOR SUBMISSION OF PRELIMINARY CONFERENCE STIPULATION is:
______FEBRUARY 4, 2022________________
PRELIMINARY CONFERENCE PART PROCEDURES DURING COVID-19 HEALTH EMERGENCY
Contact the Preliminary Conference Part Clerk, Kathleen Stradling, at:
Email: PreliminaryConferenceWestchester@nycourts.gov
All questions, or other inquiries regarding a matter pending in the Preliminary Conference
Part shall be addressed to the Preliminary Conference Part Clerk. No inquiries shall be
directed to the Justices IAS Chambers or Staff Personnel.
Contact: Kathleen Stradling at:
Email: PreliminaryConferenceWestchester@nycourts.gov
A. Preliminary Conference Stipulation
Page 1 of 2
1 of 2
FILED: WESTCHESTER COUNTY CLERK 12/30/2021 04:54 PM INDEX NO. 62132/2021
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/30/2021
Due to the COVID-19 health emergency, parties are encouraged to agree upon a discovery
schedule and submit a Preliminary Conference Stipulation form executed by all parties
available at http://ww2.nycourts.gov/courts/9jd/diffCaseMgmt.shtml by uploading same as
a Preliminary Conference Order (Proposed) in the NYSCEF system.
The Preliminary Conference Stipulation submitted to be so-ordered must be signed by all
parties who have appeared in the action. If the parties cannot agree to the terms of the
Preliminary Conference Stipulation, the parties may request a Virtual Preliminary
Conference.
B. Medical, Dental and Podiatric Malpractice Actions in E-Filed Actions
Due to the COVID-19 health emergency, parties are encouraged to agree upon a discovery
schedule and submit a Preliminary Conference Stipulation and Order specific to Medical,
Dental and Podiatric Actions which should be utilized for such actions. The form is available
at https://www.nycourts.gov/LegacyPDFS/courts/9jd/diffCaseMgmt/West-General-Civil-
Preliminary-Conf-Stip-Form.pdf and by uploading same as a Preliminary Conference Order
(Proposed) in the NYSCEF system.
C. Discovery Motions
Parties shall refrain from making any motion or cross-motion relating to discovery until a
Preliminary Conference has been held. Prior to making any such motion, the parties are
expected to attempt in good faith to resolve all discovery disputes.
D. Preliminary Conference Scheduling
Pursuant to 22 NYCRR §202.12(b), only if necessary, a virtual Preliminary Conference shall
be held within 45 days of the filing of the RJI unless the Court orders otherwise. Any party
may request to advance the Preliminary Conference upon a showing of special
circumstances [22 NYCRR §202.12 (g)].
The Preliminary Conference Part shall give notice by NYSCEF of the Preliminary
Conference. Upon an emergency basis, the Preliminary Conference may be adjourned by
email request of the parties, on consent. The request for an adjournment may be made to
the Preliminary Conference Part by e-filing or by e-mail to
PreliminaryConferenceWestchester@nycourts.gov and shall include two (2) proposed
alternative dates for rescheduling the Preliminary Conference, which dates shall be no
later than one month following the scheduled preliminary conference. The Preliminary
Conference Part shall thereupon give notice to the parties of the adjourned Preliminary
Conference date by Court Notice.
Virtual Preliminary Conferences shall be initiated and conducted by the Preliminary
Conference Part by Microsoft Teams only. Parties without access to Microsoft Teams may
participate by phone the call-in information will be listed on the virtual link.
E. Preliminary Conference Matters
Pursuant to 22 NYCRR §202.12 (c), the matters to be addressed at the virtual Preliminary
Conference shall include as appropriate, the simplification and limitation of factual and
legal issues; the establishment of a timetable for the completion of all disclosure
proceedings; the establishment of the method and scope of any electronic discovery; the
addition of other necessary parties; settlement of the action; and removal to a lower court
pursuant to CPLR §325.
In the event a Court attorney-referee(s) conducts the Preliminary Conferences, a
Preliminary Conference Order will be issued.
DATED 12/30/2021 FILED By Kristen Cuffe
Page 2 of 2
2 of 2
Document Filed Date
December 30, 2021
Case Filing Date
September 02, 2021
Category
Torts - Other (Property Damage/Negligenc)
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Preview
FILED: WESTCHESTER COUNTY CLERK 12/30/2021 04:54 PM INDEX NO. 62132/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/30/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER JUDGE PC PART, _, PC PART Index No. 62132/2021 AIG PROPERTY CASUALTY COMPANY - v. - BREVILLE USA INC. COURT NOTICE Filing on Behalf of - PC PART UPDATED 4/6/21: PLEASE REVIEW NEW PROCEDURES PRELIMINARY CONFERENCE NOTICE Please note: In-person appearances in the Preliminary Conference Part are currently suspended at this time due to the COVID-19 health emergency. The Preliminary Conference Part is operating virtually via Microsoft Teams. Court attorney-referees are available to assist in discovery/preliminary disputes remotely at a very limited capacity pursuant to the Virtual Courtroom Protocol established in the Ninth Judicial District. * Due to the COVID-19 health emergency, in order to AVOID A VIRTUAL CONFERENCE, parties are strongly encouraged to agree upon a discovery schedule and submit a Preliminary Conference Stipulation form executed by all parties available at http://ww2.nycourts.gov/courts/9jd/diffCaseMgmt.shtml by uploading same as a Preliminary Conference Order (Proposed) in the NYSCEF system.* You are receiving this notice because you filed an RJI or Request for a Preliminary Conference. Please see the below instructions for submitting a Preliminary Conference Stipulation to be so-ordered in lieu of a Preliminary Conference. YOUR CONTROL DATE FOR SUBMISSION OF PRELIMINARY CONFERENCE STIPULATION is: ______FEBRUARY 4, 2022________________ PRELIMINARY CONFERENCE PART PROCEDURES DURING COVID-19 HEALTH EMERGENCY Contact the Preliminary Conference Part Clerk, Kathleen Stradling, at: Email: PreliminaryConferenceWestchester@nycourts.gov All questions, or other inquiries regarding a matter pending in the Preliminary Conference Part shall be addressed to the Preliminary Conference Part Clerk. No inquiries shall be directed to the Justices IAS Chambers or Staff Personnel. Contact: Kathleen Stradling at: Email: PreliminaryConferenceWestchester@nycourts.gov A. Preliminary Conference Stipulation Page 1 of 2 1 of 2 FILED: WESTCHESTER COUNTY CLERK 12/30/2021 04:54 PM INDEX NO. 62132/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/30/2021 Due to the COVID-19 health emergency, parties are encouraged to agree upon a discovery schedule and submit a Preliminary Conference Stipulation form executed by all parties available at http://ww2.nycourts.gov/courts/9jd/diffCaseMgmt.shtml by uploading same as a Preliminary Conference Order (Proposed) in the NYSCEF system. The Preliminary Conference Stipulation submitted to be so-ordered must be signed by all parties who have appeared in the action. If the parties cannot agree to the terms of the Preliminary Conference Stipulation, the parties may request a Virtual Preliminary Conference. B. Medical, Dental and Podiatric Malpractice Actions in E-Filed Actions Due to the COVID-19 health emergency, parties are encouraged to agree upon a discovery schedule and submit a Preliminary Conference Stipulation and Order specific to Medical, Dental and Podiatric Actions which should be utilized for such actions. The form is available at https://www.nycourts.gov/LegacyPDFS/courts/9jd/diffCaseMgmt/West-General-Civil- Preliminary-Conf-Stip-Form.pdf and by uploading same as a Preliminary Conference Order (Proposed) in the NYSCEF system. C. Discovery Motions Parties shall refrain from making any motion or cross-motion relating to discovery until a Preliminary Conference has been held. Prior to making any such motion, the parties are expected to attempt in good faith to resolve all discovery disputes. D. Preliminary Conference Scheduling Pursuant to 22 NYCRR §202.12(b), only if necessary, a virtual Preliminary Conference shall be held within 45 days of the filing of the RJI unless the Court orders otherwise. Any party may request to advance the Preliminary Conference upon a showing of special circumstances [22 NYCRR §202.12 (g)]. The Preliminary Conference Part shall give notice by NYSCEF of the Preliminary Conference. Upon an emergency basis, the Preliminary Conference may be adjourned by email request of the parties, on consent. The request for an adjournment may be made to the Preliminary Conference Part by e-filing or by e-mail to PreliminaryConferenceWestchester@nycourts.gov and shall include two (2) proposed alternative dates for rescheduling the Preliminary Conference, which dates shall be no later than one month following the scheduled preliminary conference. The Preliminary Conference Part shall thereupon give notice to the parties of the adjourned Preliminary Conference date by Court Notice. Virtual Preliminary Conferences shall be initiated and conducted by the Preliminary Conference Part by Microsoft Teams only. Parties without access to Microsoft Teams may participate by phone the call-in information will be listed on the virtual link. E. Preliminary Conference Matters Pursuant to 22 NYCRR §202.12 (c), the matters to be addressed at the virtual Preliminary Conference shall include as appropriate, the simplification and limitation of factual and legal issues; the establishment of a timetable for the completion of all disclosure proceedings; the establishment of the method and scope of any electronic discovery; the addition of other necessary parties; settlement of the action; and removal to a lower court pursuant to CPLR §325. In the event a Court attorney-referee(s) conducts the Preliminary Conferences, a Preliminary Conference Order will be issued. DATED 12/30/2021 FILED By Kristen Cuffe Page 2 of 2 2 of 2